Missouri, Kansas & Texas Railway Co. v. McDowell

The opinion of the court was delivered by

Porter, J.:

El. McDowell sued the railway company for damages occasioned by fire. He recovered a judgment awarding $128.50 for damages and costs and $75 for attorney’s fee. The railway company claims error. The only allegation in the petition which concerns the damages recovered is that the. fire burned 100 loads of manure of the reasonable value of $2.50 per load, or $250. On the trial it developed that the manure had been hauled out and distributed upon the land for some time before the fire. The plaintiff was permitted, over the objections of the…